Harris v. United States
Decision Date | 01 December 2021 |
Docket Number | No. 21-5040,21-5040 |
Parties | Gary Duane HARRIS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
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8 cases
- Oliver v. Arnold
- Gabrion v. United States
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Morgan v. United States
... ... § 16. Davis , 139 ... S.Ct. at 2336. The Sixth Circuit has held that the ... substantive rule announced in Davis applies ... retroactively to cases on collateral review. See In re ... Franklin , 950 F.3d 909. 910 (6th Cir. 2020); see ... Harris v. United States , 19 F.4th 863, 868 (6th Cir ... 2021) ... The ... Court now looks to whether Hobbs Act robbery, the predicate ... offenses for Morgan's § 924(c) convictions (Counts 2 ... and 4), meets the definition for a crime of violence ... ...
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Gabrion v. United States
... ... of three bases as a threshold standard: (1) an error of ... constitutional magnitude; (2) a sentence imposed outside the ... statutory limits; or ... (3) an error of fact or law that was so fundamental as to ... render the entire proceeding invalid." Harris v ... United States , 19 F.4th 863, 866 (6th Cir. 2021) ... (citation omitted). "[C]onclusory allegations alone, ... without supporting factual averments, are insufficient to ... state a valid claim under § 2255." Jefferson v ... United States , 730 F.3d 537, 547 ... ...
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